WISPA Files FCC Petition over 900MHz Waiver

The Wireless Internet Service Providers Association (WISPA), a membership organization with a mission statement to “promote the development, advancement and unity of the wireless Internet Service Provider industry,” has filed a petition this week with the FCC asking the agency to overturn its decision allowing Progeny LMS to begin commercial operations in the 900MHz band.

The company has a technology that it says can pinpoint the location of mobile phones much more accurately than GPS—offering big ramifications to EMTs, first responders and 911 operators. After conducting interference testing for what would be a licensed service in an unlicensed band commonly used for everything from machine-to-machine and smart grid to wireless ISP service in urban areas, a slough of commercial wireless products like baby monitors and garage door openers and even EZ-Pass and other automatic toll readers, the FCC granted an operations waiver in March to allow it to begin service.

The WISPA petition asserts that the FCC misinterpreted the law and misstated pertinent facts when issuing the waiver, opening the door to disruption for all of the above devices and services. While Progeny’s own testing showed “acceptable” levels of interference for the service, the definition of “acceptable” was never set forth.

WISPA is among several petitioners in the matter: in addition to a coalition of diverse organizations, companies and public interest groups, other petitioners include wireless headset-maker Plantronics, Silver Spring Networks (a smart grid company), and a joint filing by the Utilities Telecom Council, Edison Electric Institute, American Public Power Association and the National Rural Electric Cooperative Association.

WISPA’s filing alleges three key points:

  • The FCC acted arbitrarily, capriciously and contrary to law in failing to adequately define “unacceptable levels of interference.”
  • The FCC wrongfully found that Progeny failed to demonstrate that it will not cause “unacceptable levels of interference” to unlicensed devices in the band.
  • The FCC should reconsider its decision because it is contrary to Commission policies intended to promote innovation and investment in unlicensed technologies.

“WISPA believes the FCC got it wrong when it approved Progeny’s commercial operations without addressing test results showing severe adverse consequences from Progeny’s interference,” said Elizabeth Bowles, president of WISPA. “In some cases, the 900 MHz band is the only unlicensed band that enables fixed broadband services, so the impact of this decision could be substantial, unless the FCC reconsiders its decision. While WISPA will cooperate with Progeny as directed by the FCC’s decision, we believe that the FCC has ignored the interference protection requirements that were previously established and adopted conditions that will not address interference before it occurs.”

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